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McDOWELL v. ESTATE OF ANDERSON

No. 8326SC367.

318 S.E.2d 258 (1984)

Betty McDOWELL, Administratrix of the Estate of John Anderson, Jr., Sharon Anderson and Curtis McDowell, minor beneficiaries of the Estate of John Anderson, Jr., by and through their guardian, Betty McDowell v. The ESTATE OF John ANDERSON, Sr. and the Administrator of said estate, Nathan E. Anderson.

Court of Appeals of North Carolina.

August 7, 1984.

Attorney(s) appearing for the Case

Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A. by Karl Adkins, Charlotte, for plaintiff appellant.

Kennedy, Covington, Lobdell & Hickman by William C. Livingston, Charlotte, for defendant appellee.

JOHNSON, Judge.

The issue presented for review is whether an innocent beneficiary may reach wrongful death proceeds of her deceased brother through the estate of the deceased father, who was a negligent beneficiary. We conclude that because the father is barred from recovery by his wrongdoing, the innocent beneficiary who must claim through the negligent beneficiary's estate is also barred.

On 30 January 1981, John...

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